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Res 38-14 RESOLUTION NO. 38-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING ESTABLISHING A REGULATORY STRUCTURE FOR THE RECOVERY RESIDENCE INDUSTRY; URGING THE FLORIDA AND NATIONAL LEAGUE OF CITIES TO SUPPORT EFFORTS BY STATE 'AND LOCAL j GOVERNMENTS TO REGULATE RECOVERY RESIDENCES; URGING CONGRESS TO ENACT LEGISLATION REGARDING RECOVERY RESIDENCES TO PROTECT THE HEALTH, SAFETY AND WELFARE OR THE RESIDENTS OF LOCAL COMMUNITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida deems it beneficial to urge the National League of Cities, the Florida League of Cities and its colleagues therein to raise to a national discussion, concerns related to the proliferation of unregulated recovery residences;and, WHEREAS, recovery residences, also known as "sober living homes" or "sober houses" provide a great value to persons overcoming drug and alcohol addictions; and, WHEREAS, the recovery residence industry's prolific growth has raised questions nationwide as to whether a regulatory structure is necessary; and, WHEREAS, these homes typically provide a drug and alcohol-free living environment for individuals recovering from substance abuse, however, there is no universally accepted definition for these businesses, leaving to interpretation those characteristics that distinguish thean from other regulated housing options; and, WHEREAS,individuals in recovery are disabled within the meaning of the Americans with Disabilities Amendments Act (ADAA) and handicapped within the meaning of the Federal Fair Housing Amendments Act (FHAA),which prohibit discrimination on the basis of disability/ handicap status; and, WHEREAS, there is no clarifying definition of the protected class, except to describe individuals blanketed by the law as individuals who are "not currently using alcohol or substances";and, WHEREAS, states and local governments are limited by federal laws in their ability to address the impacts to local communities of "over-concentration" and "clustering" due to the proliferation of homes in many cities around the country; and, WHEREAS, the Department of Housing and Urban Development (HUD) is charged with the interpretation of the FHAA, while the Department of Justice (DOJ) is charged with the enforcement of the law, but there has been no updated interpretation of the acts and how it applies to these homes or their_ protected residents since a Joint Agency Statement dated August 18, 1999, entitled, Group Homes,Local Land Use, and the Fair Housing Act; and, WHEREAS, the courts have applied the FHAA and ADA inconsistently over the years causing a great - financial and social burden on states and local governments facnz g over co ncentr ti a o n of sober homes; and, WHEREAS, there are myriad concerns for the health, safety and welfare of the residents themselves since the lack of regulation has sometimes resulted in poorly run houses that provide little or no supervision or support for individuals recovering from addiction;and, WHEREAS, patient brokering arrangements between some homes and service providers. result in costly over-utilization of lab workups and the over-charging of private-pay residents, health insurance companies, and medicaid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the City of Delray Beach urges the National League of Cities (NLC) to support efforts by states and local governments to regulate businesses in the form of recovery residences in order to protect the health, safety,and welfare of the residents of the recovery homes as well as local communities. Section 2. That the City of Delray Beach urges the NLC to call on the Department of Housing and Urban Development in concert with the Department of Justice to amend and update their Joint Agency Statement dated August 18, 1999, entitled, Groin Homes, Local Land Use, and the Fair Housing Act to more clearly define and give guidance regarding who is and is not included in the protected class of individuals under the F.I>AA and ADA with respect to recovery residences. Section 3. That the City of Delray Beach requests the NLC to strongly urge Congress, in recognition of the large and growing number of states and local governments throughout the nation attempting to address sober home proliferation, to amend federal statutes to provide states and local governments appropriate latitude to oversee and regulate recovery residences within their jurisdictions.. Section 4. That the City of Delray Beach requests that the NLC further urge Congress that legislation pertaining to sober homes to determine that the proper jurisdiction for developing a regulatory structure with respect to recovery residences reside within the separate States. Section 3. This Resolution shall take effect immediately upon adoption. 2 Res No. 38-14 PASSED D ADOPTED by the City Commission of the City of Delray Beach this dap of 2014. AYOR ATTEST: �\ City Clerk J Res No. 38-14 Coversheet Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 4, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF AUGUST 19,2014 RESOLUTION NO.38-14. BACKGROUND Becker and Poliakoff, special federal counsel to the City for recovery residence legislative matters, has alerted the City Attorney's office of a pending deadline to submit to the Florida League of Cities (FLC) a resolution on recovery residences for inclusion in its federal policy agenda. This agenda, including the City resolution, is then submitted to the National League of Cities (NLC). The annual FLC meeting is held in Hollywood, Florida on August 14, 2014. The deadline for filing resolutions was July 9, 2014, however, there is a process for late filing a city resolution. This resolution will hopefully, in part, help shape the NLC national platform. If the City wishes to timely participate in this process, it must adopt the resolution no later than the last City Commission meeting in August. The substance of the resolution was drafted by special counsel. LEGAL DEPARTMENT REVIEW The City Attorney approves Resolution No. 38-14 as to form. DISCUSSION Special counsel is recommending that the City adopt a resolution supporting the federal regulation of recovery residences and urge the Florida and National League of Cities to make this issue part of their policy agenda. TIMING OF THE REQUEST This item is time sensitive in order to meet the deadlines for late filing a resolution with the FLC. RECOMMENDATION The City Attorney recommends approval. http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8251&MeetingID=521 12/8/2014